Void Clauses in Rental Agreements in The Hague
A void clause in a rental agreement is a provision that is legally unenforceable and therefore does not apply, because it conflicts with the law, public morals or reasonableness and fairness. For tenants and landlords in The Hague, a void clause can have major consequences for the tenancy agreement. In this article for The Hague, we explain what void clauses are, common examples in the region, and where you can go in The Hague for help, such as at the The Hague District Court, Prins Clauslaan 60 or the Juridisch Loket The Hague, Lutherse Burgwal 10.
What is a void clause?
A void clause is an agreement in a rental contract that is not recognised by the court because it conflicts with the law or general legal principles. In The Hague tenancy law, this often concerns clauses that unfairly disadvantage tenants, conflict with the Housing Rental Act (Whw) or Goods Rental Act (Whz), or unreasonably restrict the tenant. In The Hague, with its diverse rental market, this is frequently seen in housing association properties and the private sector.
Nullity often arises by operation of law, or can be invoked by a party. For example: a ban on pets in a The Hague rental property without a legal basis may be void.
Legal basis
Main grounds for nullity in The Hague:
- Article 6:248 DCC: Conflicts with law or public morals.
- Article 7:905 DCC: Unfair disadvantage to the tenant.
- Housing Rental Act (Whw): Specific rules; subletting ban may be void (art. 7:260 DCC).
- Goods Rental Act (Whz): For offices in The Hague, such as around Zacheüslaan.
Examples of void clauses in The Hague
Practical examples from The Hague tenancy cases:
1. Unfair disadvantage
Clauses that disadvantage the tenant too much:
- Disproportionate penalties: High fines for minor damage, such as in flats in the Schilderswijk.
- Ban on subletting: Without valid reason, relevant for room rentals in The Hague.
- Automatic rent increase: Outside statutory limits, often disputed at the Rent Tribunal.
2. Conflict with the law
- Pet ban: Not permitted without reason; check local The Hague rules.
- Ban on minor renovations: Limits tenant rights under the Whw.
- Full maintenance obligation on tenant: Landlord remains responsible for major maintenance.
3. Contrary to reasonableness and fairness
- Excessive deposit: More than three months' rent is often void in The Hague.
- Unlimited right of inspection for landlord: Must be reasonable.
- Automatic contract extension with rent increase: May be unfair.
What to do in The Hague?
Doubtful about a clause? Contact the Juridisch Loket The Hague, Lutherse Burgwal 10 for free advice. For proceedings: The Hague District Court, Prins Clauslaan 60. The Rent Tribunal can review rent prices and clauses. Always keep your contract and correspondence.
Note: not all void clauses make the entire contract invalid; often only that clause does not apply.